[OSM-legal-talk] Phase 4 and what it means

2011-06-04 Thread Frederik Ramm

Hi,

   some time in the next months we're likely to start phase 4 of the 
license change, where those who have not agreed to the new CT will be 
unable to continue editing.


Someone who has not yet agreed can still change their mind after that of 
course.


Now I sense some uncertainty among mappers as to what phase 4 exactly 
means for them. I know for a fact that among the current disagreeing 
mappers there are some who intend to stay with OSM and who are just 
holding out until the last minute; and I know there are some who simply 
wanted to delay their decision until later.


On the other hand I know that some mappers cannot wait for phase 4 to 
begin because that's when they intend to systematically delete and 
re-map everything that has not yet been relicensed.


Any misunderstanding in this area will lead to friction: mapper A 
thought he still had time to reconsider; but mapper B goes ahead and 
deletes/re-maps A's work (possibly with less precision or other things 
that A doesn't like). A, who intended to stay with OSM but was just 
playing a little game of stubbornness and protest, is infuriated ("how 
could you throw away my super precise mapping!"), and B has wasted his time.


Then again, had B waited until one day before the switch to phase 5, and 
had A decided not to relicense after all, then there would be a white 
spot on the map which isn't too desirable either.


I think that we should come up with a clear message to mappers that we 
issue AT THE SAME TIME as we announce phase 4. That message could either be:


"Do not delete and re-map anything before we go to phase 5 in 2012. We 
know this will lead to blank spots on the map but that's not too bad."


or

"Before you delete and re-map anything, contact the mapper who hasn't 
yet agreed and whose data you are planning to re-map, and explain to him 
what you're going to do."


or

"Do not delete and re-map anything before . We will send out a 
message to everyone who has not agreed to the license change, and inform 
them that after that date, mappers are likely to purge non-relicensed 
data and that if they want their data to remain, they need to redecide 
before that date."


or whatever.

I am not advocating one of these procedures over the other; it is just 
important to me that everyone is on the same page. Because currently 
people are not; some thing that they have until phase 5 to reconsider, 
and some already have twitchy fingers and will start purging 
non-relicensed data as soon as we say "phase 4". (Well some are already 
purging non-relicensed data now but everybody advises against.)


Bye
Frederik

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[OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Nick Hocking
The problem I have is a bit different.

Someone (who has actively declined the CT) has been using nearmap to trace
in some roads under construction in the Canberra area. Some of these roads
are now complete and open to the public.
It would be pointless of me to add information to the nearmapped ways (E.G
it's name) since it seems certain that these ways will be deleted from OSM.
However it is critical that these roads appear on the map right now, so that
emergency services have access to the most up-to-date information available.

The only way, I see, out of this mess is for me to map a new set of
residential roads, using my actual GPS tracks, alongside the nearmapped
ones, make then properly routable, and maybe put a layer tag on them (for
the moment) to ensure that routers don't confuse the issue.

Once all the nearmap data has been removed then I would remove the layer
tags.
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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-04 Thread Kai Krueger

Frederik Ramm wrote:
> 
> Now I sense some uncertainty among mappers as to what phase 4 exactly 
> means for them. I know for a fact that among the current disagreeing 
> mappers there are some who intend to stay with OSM and who are just 
> holding out until the last minute; and I know there are some who simply 
> wanted to delay their decision until later.
> 
Yes, there are a number of people who have declined to relicense as it is
the only way available to formally voice ones disagreement with any of a)
the new licence, b) the CT or c) the process. Nevertheless, they remain
adamant supports and enthusiasts of OSM. Just that they happen to disagree
with what is best for the project and without being able to see into the
future it is pretty much impossible to say for sure which cause of action is
the best for the project.

So it is important to try and not alienate either side as much as possible.
Phase 4 is critical in this respect, as it is the first time ones decision
has actual consequences for mappers and starts locking users out of the
project, some of whom have put a huge amount of effort into OSM to ensure it
has become a success and deserve everyones respect. So it is bound to give
bad blood and result in highly emotional debates.  


Frederik Ramm wrote:
> 
> "Do not delete and re-map anything before . We will send out a 
> message to everyone who has not agreed to the license change, and inform 
> them that after that date, mappers are likely to purge non-relicensed 
> data and that if they want their data to remain, they need to redecide 
> before that date."
> 
Out of the listed options, I would personally prefer this option most, as it
imho leaves the most options open. However, rather than a specific date, I
would advertise the "date" to be the time at which a critical mass is
reached. I.e. when it becomes clear that sufficient data has successfully
been relicensed that the damage due to data loss will be acceptable to the
overall project.

That then really is the point of no return at which one can start a graceful
damage control by replacing no relicensable data.

At that point I presume OSMF will decide on a formal date on which phase 5
will begin. In order to give all data users enough time to adapt to the new
license and consider the consequences, I would expect OSMF to set this date
at least a month or two in advance, which will then still give mappers a
reasonable amount of time to start fixing up the holes that the relicensing
process will produce in the data.

Kai



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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

Nick Hocking wrote:
The only way, I see, out of this mess is for me to map a new set of 
residential roads, using my actual GPS tracks, alongside the nearmapped 
ones, make then properly routable, and maybe put a layer tag on them 
(for the moment) to ensure that routers don't confuse the issue.


Well if you are prepared to do this work, and if it is clear that the 
other mapper doesn't support the license change, and if you think simply 
staying with the current status for a while is not an option (since you 
need to add road name), then I'd just delete the other person's data and 
replace it with yours. The map will not be worse for it, and the other 
mapper can hardly complain.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 21:40, Frederik Ramm  wrote:
> Hi,
>
> Nick Hocking wrote:
>>
>> The only way, I see, out of this mess is for me to map a new set of
>> residential roads, using my actual GPS tracks, alongside the nearmapped
>> ones, make then properly routable, and maybe put a layer tag on them (for
>> the moment) to ensure that routers don't confuse the issue.
>
> Well if you are prepared to do this work, and if it is clear that the other
> mapper doesn't support the license change, and if you think simply staying
> with the current status for a while is not an option (since you need to add
> road name), then I'd just delete the other person's data and replace it with
> yours. The map will not be worse for it, and the other mapper can hardly
> complain.

He is yet to back up his claims about people using the data, so far
I'm told the SES and other emergency services use their own
GPS/mapping solutions. So unless he can backup his claims he's only
going to be vandalising the map, and here you are cheering him along
after you so carefully worded things earlier to try and prevent any
kind of edit waring or map vandalisim.

As others have pointed out, the best way to handle the change over
would be to start a new database and copy data into it that is
allowable.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

John Smith wrote:

He is yet to back up his claims about people using the data


I don't think it makes a difference. If I have one set of data with a 
questionable copyright situation and no street names, and another set of 
data with street names surveyed by someone who agrees to the CT, there's 
no reason to prefer the former.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 22:35, Frederik Ramm  wrote:
> Hi,
>
> John Smith wrote:
>>
>> He is yet to back up his claims about people using the data
>
> I don't think it makes a difference. If I have one set of data with a
> questionable copyright situation and no street names, and another set of
> data with street names surveyed by someone who agrees to the CT, there's no
> reason to prefer the former.

He made the same claim to talk-au without backing up his assertions
when questions so his claims could be verified.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

John Smith wrote:

He is yet to back up his claims about people using the data



I don't think it makes a difference. If I have one set of data with a
questionable copyright situation and no street names, and another set of
data with street names surveyed by someone who agrees to the CT, there's no
reason to prefer the former.



He made the same claim to talk-au without backing up his assertions
when questions so his claims could be verified.


Where the claim was made has no relevance for my assessment that it does 
not make a difference.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 22:48, Frederik Ramm  wrote:
> Where the claim was made has no relevance for my assessment that it does not
> make a difference.

As I said, you tried so hard to word thing to reduce the change of an
edit war and now you are cheering some along to do the exact opposite,
so I'd say it makes a lot of difference at this point in time.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread SteveC
Sadly I agree.

Steve

stevecoast.com

On Jun 5, 2011, at 4:19, Nick Hocking  wrote:

> The problem I have is a bit different.
> 
> Someone (who has actively declined the CT) has been using nearmap to trace in 
> some roads under construction in the Canberra area. Some of these roads are 
> now complete and open to the public. 
> 
> It would be pointless of me to add information to the nearmapped ways (E.G 
> it's name) since it seems certain that these ways will be deleted from OSM. 
> However it is critical that these roads appear on the map right now, so that 
> emergency services have access to the most up-to-date information available.
> 
> The only way, I see, out of this mess is for me to map a new set of 
> residential roads, using my actual GPS tracks, alongside the nearmapped ones, 
> make then properly routable, and maybe put a layer tag on them (for the 
> moment) to ensure that routers don't confuse the issue.
> Once all the nearmap data has been removed then I would remove the layer tags.
> 
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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Stephan Knauss

On 05.06.2011 02:09, Frederik Ramm wrote:

means for them. I know for a fact that among the current disagreeing
mappers there are some who intend to stay with OSM and who are just
holding out until the last minute; and I know there are some who simply
wanted to delay their decision until later.
These have actively declined the license. What about all these mappers 
who can't be reached any more? Anonymous edits (uid=0)?


I have some recent statistic of a comparably small community.
For Thailand currently 31% of all contributors (that are still visible 
in the planet as last author) have not responded. Of these 162 mappers a 
quite large number of 41 (25%) has not contributed over the past two 
years. Quite likely they won't respond to the email ever.

These edits sum up to 2,18 percent of the total nodes.

I have the feeling that remapping this data has a lot less potential for 
a conflict than remapping data of a somewhat active contributor who 
recently declined but may change his mind.


How to deal with these edits? What to advise in regard to abandoned 
accounts?


My statistic only counts contributions in this small area. for more 
reliable figures the global "last edit date" would be needed.


Stephan

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Michael Collinson
I am also very hesitant to have a specific date now and basically 
support Kai's concept. Mostly the date thing is caution, I would like to 
move to Phase 4 as soon as possible but think we can then take our time 
getting as much ODbL coverage as possible. It is also disparate 
situations. At one extreme is ripping out and not replacing data where 
there may be a delayed solution available. At the other extreme, there 
is a local mapper or mapping party fixing up their local area with 
content equal to or better than a contributor who has clearly and 
publicly stated that they have no intention of ever accepting. [BTW, we 
will certainly make a full dump available upon the Phase 4 switch-over]


Since the unknowns and what-ifs are now falling away fast, I suggest we 
focus in on what critical mass is and do what we can do to achieve it. 
My initial criteria with some examples are:


- We should have the numbers. ODbL coverage weighted by size of 
contribution is looking great [1] but we are not there yet. I would like 
to have done our best to reach the large number of previous small and 
lapsed contributors and had a response. This is just beginning to come 
in this weekend. This may have important impact on local mappers.


- Local mappers and communities have had a chance to assess actual 
rather than hypothetical impact in small areas and regions.


- Large-scale individual contributors who would like to accept the new 
terms but feel they can't for some reason have been helped where 
practical and possible.


- Where a specific import or derivation issue exists, short or medium 
term possibilities have been exhausted. In Australia, we may get a 
straight yes/no answer from Nearmap on keeping current contributions. In 
the UK there is the ambiguous position of OS Streetview data. Champions 
for individual blank and yellow tagged entries in  
http://wiki.openstreetmap.org/wiki/Import/Catalogue welcome.


Mike

[1] http://matt.dev.openstreetmap.org/treemap.png

On 05/06/2011 03:23, Kai Krueger wrote:

Frederik Ramm wrote:
   

Now I sense some uncertainty among mappers as to what phase 4 exactly
means for them. I know for a fact that among the current disagreeing
mappers there are some who intend to stay with OSM and who are just
holding out until the last minute; and I know there are some who simply
wanted to delay their decision until later.

 

Yes, there are a number of people who have declined to relicense as it is
the only way available to formally voice ones disagreement with any of a)
the new licence, b) the CT or c) the process. Nevertheless, they remain
adamant supports and enthusiasts of OSM. Just that they happen to disagree
with what is best for the project and without being able to see into the
future it is pretty much impossible to say for sure which cause of action is
the best for the project.

So it is important to try and not alienate either side as much as possible.
Phase 4 is critical in this respect, as it is the first time ones decision
has actual consequences for mappers and starts locking users out of the
project, some of whom have put a huge amount of effort into OSM to ensure it
has become a success and deserve everyones respect. So it is bound to give
bad blood and result in highly emotional debates.


Frederik Ramm wrote:
   

"Do not delete and re-map anything before. We will send out a
message to everyone who has not agreed to the license change, and inform
them that after that date, mappers are likely to purge non-relicensed
data and that if they want their data to remain, they need to redecide
before that date."

 

Out of the listed options, I would personally prefer this option most, as it
imho leaves the most options open. However, rather than a specific date, I
would advertise the "date" to be the time at which a critical mass is
reached. I.e. when it becomes clear that sufficient data has successfully
been relicensed that the damage due to data loss will be acceptable to the
overall project.

That then really is the point of no return at which one can start a graceful
damage control by replacing no relicensable data.

At that point I presume OSMF will decide on a formal date on which phase 5
will begin. In order to give all data users enough time to adapt to the new
license and consider the consequences, I would expect OSMF to set this date
at least a month or two in advance, which will then still give mappers a
reasonable amount of time to start fixing up the holes that the relicensing
process will produce in the data.

Kai



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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Ed Avis
I don't think that edit wars to deliberately change the licence status of bits 
of
map are the way forward - for either side.  It's just as unacceptable from the
pro-ODbL camp as from the pro-CC camp.

However, I can understand that if mappers believe that large amounts of data 
will
be deleted (which is a self-fulfilling prophecy to some extent) then they will
want to recreate it.

One way might be to create a second, 'ODbL-pure' database where there is full
licence to rip out anything from contributors who don't support the ODbL change.
Then if this version of the map becomes better than the current OSM it can
replace it.  Indeed, that could be a gradual changeover rather than a big bang.

None of this reduces the need to reach out to all contributors, whichever side 
of
the licensing debate they are on, and for all sides to find a constructive way
forward rather than hardening positions and seeing who blinks first.

-- 
Ed Avis 


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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Maarten Deen

On 5-6-2011 2:09, Frederik Ramm wrote:


Any misunderstanding in this area will lead to friction: mapper A
thought he still had time to reconsider; but mapper B goes ahead and
deletes/re-maps A's work (possibly with less precision or other things
that A doesn't like). A, who intended to stay with OSM but was just
playing a little game of stubbornness and protest, is infuriated ("how
could you throw away my super precise mapping!"), and B has wasted his
time.


If that is your attitude towards the license change, then I really do 
not understand why all these phases are necessary. If the object of the 
game is to change the license regardless of anything, then just change 
it already.


Maarten

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

Michael Collinson wrote:
I am also very hesitant to have a specific date now and basically 
support Kai's concept. Mostly the date thing is caution, I would like to 
move to Phase 4 as soon as possible but think we can then take our time 
getting as much ODbL coverage as possible.


That's what I think too. However, even if you are reluctant to name a 
date for it, this would still technically introduce a "phase 4-II"; that 
is the point at which you announce "ok we have critical mass, please rip 
out everything that isn't relicensed *now*".


It would mean that we should continue to tell mappers not to start 
replacing non-relicensed data even after phase 4 comes into effect, right?


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

Maarten Deen wrote:

Any misunderstanding in this area will lead to friction: mapper A
thought he still had time to reconsider; but mapper B goes ahead and
deletes/re-maps A's work (possibly with less precision or other things
that A doesn't like). A, who intended to stay with OSM but was just
playing a little game of stubbornness and protest, is infuriated ("how
could you throw away my super precise mapping!"), and B has wasted his
time.



If that is your attitude towards the license change


I was describing the attitude of other people, and trying to make the 
point that we need to send them a clear message.


If the object of the 
game is to change the license regardless of anything,


At this point in time it is very likely that the license change will go 
through.


then just change 
it already.


I think the time before the actual switch (i.e. before phase 5) should 
be used to pre-emptively remap everything that has not been relicensed, 
so that we have a smooth transition instead of having to endure empty 
spots on the map. Nobody gains if we do this in haste.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread James Livingston
On 5 June 2011 22:35, Frederik Ramm  wrote:

>  John Smith wrote:
>
>> He is yet to back up his claims about people using the data
>>
>
> I don't think it makes a difference. If I have one set of data with a
> questionable copyright situation and no street names, and another set of
> data with street names surveyed by someone who agrees to the CT, there's no
> reason to prefer the former.
>

Being more accurate (traced from high quality imagery, versus GPS) could be
a reason to prefer the former.

I'm not certain about how the person in question would take this, but you'd
want to be careful not to get into edit wars about this. The original person
could quite easily put their more accurate ways back, and copy the names
from the newer ones (since they can be CC licensed).


Do we want to encourage people to delete perfectly good data because they
don't like the licence?


-- 
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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread James Livingston
On 5 June 2011 10:09, Frederik Ramm  wrote:

> I know for a fact that among the current disagreeing mappers there are some
> who intend to stay with OSM and who are just holding out until the last
> minute;


As far as I can tell, doing that is the only way to say "I don't like the
licence/CTs/process/whatever, but I will re-license my data". Accepting is
taking as a vote for liking the new license, and I quite a few people that
are going to do it at the last minute for this reason. The group of people
who want the new licence and the group of people that will accept the
licence isn't quite the same.


I for example have had to say "No", because you now have to give an answer
to edit, but would almost certainly change that to a Yes at the last minute
(subject to figure out how to split incompatible data into it's own
account).

-- 
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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Frederik Ramm

Hi,

James Livingston wrote:

I don't think it makes a difference. If I have one set of data with
a questionable copyright situation and no street names, and another
set of data with street names surveyed by someone who agrees to the
CT, there's no reason to prefer the former.

Being more accurate (traced from high quality imagery, versus GPS) could 
be a reason to prefer the former.


That's correct (that it could be a reason) however I personally could 
prefer future-proof data over accurate data any time. I'd rather have a 
road that may be drawn a few meters from where it really is, than a nice 
and precise road that might be gone tomorrow.


I'm not certain about how the person in question would take this, but 
you'd want to be careful not to get into edit wars about this. The 
original person could quite easily put their more accurate ways back, 
and copy the names from the newer ones (since they can be CC licensed).


Yes, that is currently the case; however I was trying to think ahead to 
"phase 4" which we're likely to enter in a few weeks, and in that phase, 
the person in question would not be able to add anything unless they 
have agreed to the Contributor Terms.


Do we want to encourage people to delete perfectly good data because 
they don't like the licence?


Deleting perfectly good data because we don't like the license is 
*exactly* what OSMF are going to do when the license change is 
implemented, only that they will not be able to replace it with other 
perfectly good data immediately. On the other hand, when users do that 
*before* it comes to phase 5, they have the chance to replace the data. 
This seems the preferable option because it allows a smooth and (at 
least superficially) loss-less transition to phase 5.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Mike Dupont
On Sun, Jun 5, 2011 at 6:12 PM, Stephan Knauss  wrote:
> On 05.06.2011 02:09, Frederik Ramm wrote:
>>
>> means for them. I know for a fact that among the current disagreeing
>> mappers there are some who intend to stay with OSM and who are just
>> holding out until the last minute; and I know there are some who simply
>> wanted to delay their decision until later.
>
> These have actively declined the license. What about all these mappers who
> can't be reached any more? Anonymous edits (uid=0)?
>
> I have some recent statistic of a comparably small community.
> For Thailand currently 31% of all contributors (that are still visible in
> the planet as last author) have not responded. Of these 162 mappers a quite
> large number of 41 (25%) has not contributed over the past two years. Quite
> likely they won't respond to the email ever.
> These edits sum up to 2,18 percent of the total nodes.
>
> I have the feeling that remapping this data has a lot less potential for a
> conflict than remapping data of a somewhat active contributor who recently
> declined but may change his mind.
>
> How to deal with these edits? What to advise in regard to abandoned
> accounts?

Frederik the great is only interested in remapping  Silesia
(Schlesien) http://en.wikipedia.org/wiki/Frederick_the_Great#Warfare
and does not care about the data loss, leader loss or anything else.
He seems to be almost joyful in his statements about finally getting
rid of these pesky and annoying people so he can do what he wants, it
always amazes me to read his postings.

but seriously, the license team is not concerned about porting the
licenses to other jurisdictions, but once you have signed the new
contributor terms, they will not ever have to ask you again. This
process is about you giving up all your rights, not them doing
anything for it in return.

The quality of the license is poor, the support in the open source
community is next to zero, the fragmented nature of the documents is
annoying, there are many unanswered questions as well, the missing
compatibility with creative commons is a serious roadblock, the way
the whole thing is being managed is a disaster.

But once enough people have signed away their rights the license can
be changed at whim and adjusted so that it will mostly work, and if it
does not, tough luck.

We, the osm fork team are working on preserving your work and your
contributions under the existing license. I personally wish that the
leaders of OSM were not so "us against them", they are pushing people
out.  Osm fork now has the resources to host the tiles and also does
not have the bandwidth problems that osm does. The only thing that is
missing is a good rendering solution for drawing updates, we are
working on new software to do a better tiles at home to render in a
distributed fashion. When these things are in place your maps of
Thailand will not be lost, your data will be available and the tiles
will be usable also going into the future.

I wish that OSM was not so monolithic, but there does not seem to be
any compassion or understanding for allowing multiple tiles, multiple
license or multiple layers in osm proper. There is only one license,
one layer (ok two with cycllemap) and only one way, that way seems to
be pushed down on everyone.

What we really need is the ODBL to be a fork, an experiment that
should first work and then be an option, but the decision was made and
we cannot do anything about it.

With great sadness to I write these words and hope that you will all
have the strength and the courage to resist the pressure to give up
your rights and demand a fair treatment.

mike

-- 
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Member of Free Libre Open Source Software Kosova and Albania
flossk.org flossal.org

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread M∡rtin Koppenhoefer
2011/6/6 Mike  Dupont :
> On Sun, Jun 5, 2011 at 6:12 PM, Stephan Knauss  
> wrote:
>> On 05.06.2011 02:09, Frederik Ramm wrote:
> Frederik the great is only interested in remapping  Silesia
> (Schlesien) http://en.wikipedia.org/wiki/Frederick_the_Great#Warfare


I guess you are confusing Frederik the Great with Frederick the Great ;-)



> Osm fork now has the resources to host the tiles and also does
> not have the bandwidth problems that osm does.


I guess that's clear ;-)

For the issue of supposed "last minute"-acceptors (mentioned by James
Livingston): it would really help to block decliners (i.e. move to the
next phase) ASAP to make things more transparent.

Cheers,
Martin

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Frederik Ramm

Hi,

Mike Dupont wrote:

but seriously, the license team is not concerned about porting the
licenses to other jurisdictions, but once you have signed the new
contributor terms, they will not ever have to ask you again. This
process is about you giving up all your rights, not them doing
anything for it in return.


Well the "license team" does not *gain* anything from you signing the 
contributor terms, so what should they do for you in return?


Additionally, "giving up all your rights" would probably mean something 
like the switch to a Public Domain license. We are not doing that.


If you sign the Contributor Terms you allow OSMF to use your data in a 
certain way which is described exactly in those terms, and which is 
quite different from OSMF being able to do anything they want.


Actually it is nothing different that what "the osm fork team" seem to 
want to do (CC-BY-SA, I believe): once you hand something out under 
CC-BY-SA you allow people to use it without ever having to ask you 
again. I challenge you to point out the fundamental difference.



The quality of the license is poor,


Independent lawyers have said it is the "best share-alike license for 
databases available". Please point me to an ODbL evaluation, written by 
a lawyer, that supports your claim.



the support in the open source
community is next to zero, 


The support for your chosen license, CC-BY-SA I assume, was next to zero 
when it was new, too.



the fragmented nature of the documents is
annoying, 


Agreed.


there are many unanswered questions as well,


There are even more unanswered questions about your chosen license as 
applied to geodate. (Do I have to list all names?)



the missing
compatibility with creative commons is a serious roadblock, 


Someone who uses "creative commons" in a sentence like you just did 
should be disqualified from discussing licensing, at all. Creative 
Commons sponsors *several* licenses that are incompatible. No license on 
earth can be compatible to CC-BY-SA and CC-BY-SA-NC at the same time. 
From that it follows that every license on earth, including every 
Creative Commons license, is incompatible to (some license sponsored by) 
Creative Commons. "serious roadblock" indeed!



But once enough people have signed away their rights


That's an attempt at demagogy. You are not signing away your rights any 
more with our Contributor Terms that you are, for example, with CC-BY-SA.



the license can
be changed at whim


The Contributor Terms require a 2/3 majority and a "free and open 
license". If you truly believe that the word "at whim" is a correct 
desription for that, consult a dictionary.



and adjusted so that it will mostly work, and if it
does not, tough luck.


As you probably know, most current Creative Commons licenses have an 
automatic upgrade path that allows them to be "adjusted". I think this 
is a good thing and I don't believe one should critisize the authors of 
a license for allowing that.



We, the osm fork team are working on preserving your work and your
contributions under the existing license.


There is doubt whether the existing license is suitable to "preserve" 
the work.



I personally wish that the
leaders of OSM were not so "us against them",


You mean "us against we, the osm fork team"?

Osm fork now has the resources to host the tiles 


... thanks to the good people at archive.org, I believe. Why not say so, 
there's no shame in that. Do archive.org know that they are hosting a 
fork of OSM?


and also does not have the bandwidth problems that osm does. 


We should be lucky that not everyone who sees a bandwidth problem starts 
a fork, huh?



The only thing that is
missing is a good rendering solution for drawing updates, we are
working on new software to do a better tiles at home to render in a
distributed fashion. 


That's interesting to hear.


When these things are in place your maps of
Thailand will not be lost, your data will be available and the tiles
will be usable also going into the future.


Of the 50 top contributors in Thailand, 39 have agreed to the 
Contributor Terms and ODbL and 1 has said no; 10 are yet undecided. It 
doesn't look as if there will be any map problems in Thailand.



I wish that OSM was not so monolithic, but there does not seem to be
any compassion or understanding for allowing multiple tiles, multiple
license or multiple layers in osm proper.


What's the difference between "multiple tiles" and "multiple layers"? We 
do still have the Osmarender layer, and last thing I heard was Strategic 
Working Group actively looking for new tile sources to be considered for 
the main page.


Having said that, OSM is much more than www.openstreetmap.org.

With great sadness to I write these words 


And also with great confusion, it seems, since at least half of it was 
based on false assumptions.


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Maarten Deen

On Mon, 06 Jun 2011 15:14:29 +0200, Frederik Ramm wrote:

Hi,

Mike Dupont wrote:

but seriously, the license team is not concerned about porting the
licenses to other jurisdictions, but once you have signed the new
contributor terms, they will not ever have to ask you again. This
process is about you giving up all your rights, not them doing
anything for it in return.


Well the "license team" does not *gain* anything from you signing the
contributor terms, so what should they do for you in return?


The license team is part of OSMF and OSMF does gain a lot in signing 
the contributor terms. It gains the right to exploit the data in the 
database.



The Contributor Terms require a 2/3 majority and a "free and open
license". If you truly believe that the word "at whim" is a correct
desription for that, consult a dictionary.


Why is that 2/3 majority not sought for the current license move?

Regards,
Maarten

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Rob Myers
On 06/06/11 14:23, Maarten Deen wrote:
>
> Why is that 2/3 majority not sought for the current license move?

Because there is no single rightsholder who could act on such a vote.

- Rob.



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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Richard Weait
On Mon, Jun 6, 2011 at 9:23 AM, Maarten Deen  wrote:
> Why is that 2/3 majority not sought for the current license move?

Current respondents are far above 2/3 accepting the new license and
contributor terms.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Frederik Ramm

Hi,

Maarten Deen wrote:

Well the "license team" does not *gain* anything from you signing the
contributor terms, so what should they do for you in return?


The license team is part of OSMF and OSMF does gain a lot in signing the 
contributor terms. It gains the right to exploit the data in the database.


Another funny word, "exploit". When I read the Contributor Terms it says 
that OSMF has the right to license the database under one of currently 
two licenses, with the option of asking (!) the community to enhance 
that choice of licenses in the future.


I think this is not something that is a lot of fun, or of commerical 
value, or whatever. It is not a "gain", it is a responsibility that we 
burden OSMF with. I fail to see what Mike thinks OSMF should do "in 
return" for that burden.



The Contributor Terms require a 2/3 majority and a "free and open
license". If you truly believe that the word "at whim" is a correct
desription for that, consult a dictionary.


Why is that 2/3 majority not sought for the current license move?


Because we don't have any contributor terms that would save us from 
asking the remaining 1/3 after 2/3 have agreed, and thus a 2/3 majority 
would not be of any use currently.


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Maarten Deen

On Mon, 6 Jun 2011 09:40:32 -0400, Richard Weait wrote:

On Mon, Jun 6, 2011 at 9:23 AM, Maarten Deen  wrote:

Why is that 2/3 majority not sought for the current license move?


Current respondents are far above 2/3 accepting the new license and
contributor terms.


But the current action is: "accept or lose the ability to map". That is 
close to coercion and not a valid base to claim that 2/3's agree to 
this.


Regards,
Maarten

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Maarten Deen

On Mon, 06 Jun 2011 15:48:54 +0200, Frederik Ramm wrote:

Hi,

Maarten Deen wrote:
Well the "license team" does not *gain* anything from you signing 
the

contributor terms, so what should they do for you in return?
The license team is part of OSMF and OSMF does gain a lot in signing 
the contributor terms. It gains the right to exploit the data in the 
database.


Another funny word, "exploit". When I read the Contributor Terms it
says that OSMF has the right to license the database under one of
currently two licenses, with the option of asking (!) the community 
to

enhance that choice of licenses in the future.


Exploitation does also mean "using something in an unjust and cruel 
manner". I'm under the impression that that's how you see what I wrote. 
But exploitation in general is using something. You can for instance 
exploit a mine.
And that perfectly covers the "royalty-free, non-exclusive, perpetual, 
irrevocable licence to do any act that is restricted by copyright, 
database right or any related right over anything within the Contents, 
whether in the original medium or any other."


OSMF gains the right do do anything with the data as long as it does 
not breach copyright etc. Certainly there is a gain there. It gains the 
right to exploit the data.


Regards,
Maarten


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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Rob Myers
On 06/06/11 14:52, Maarten Deen wrote:
> 
> But the current action is: "accept or lose the ability to map". That is
> close to coercion and not a valid base to claim that 2/3's agree to this.

It is not anywhere near coercion. OSM is not the state, and you can map
wherever else you like.

- Rob.



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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Frederik Ramm

Hi,

Maarten Deen wrote:
OSMF gains the right do do anything with the data as long as it does not 
breach copyright etc. Certainly there is a gain there. It gains the 
right to exploit the data.


But can OSMF exploit the data more than anybody else?

The contributor terms say "Subject to Section 3 and 4 below, You hereby 
grant to OSMF a worldwide, royalty-free, blah blah blah". And section 3 
says "OSMF agrees that it may only use or sub-license Your Contents as 
part of a database and only under the terms of one or more of the 
following licences: ..."


In my eyes this means that OSMF can basically only do what everyone else 
can do too.


The one exception might be that OSMF choses the license under which data 
is published (from the list under "one of the following..."), so 
everyone else can *only* use the data under that license; whereas OSMF 
could always use the data under *any* of the named licenses.


But I consider this a really minor and un-important difference, and if 
that difference is a genuine concern of yours (and by extension, Mike 
Dupont's) then I think that could be remedied without causing too much harm.


Oh, and the other exception might be that OSMF can sue others for abuse 
on your behalf. But again - is that a problem? Would you rather have the 
sentence about suing for copyright violation removed from the CT, would 
that be better?


Bye
Frederik

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Kai Krueger

Richard Weait wrote:
> 
> On Mon, Jun 6, 2011 at 9:23 AM, Maarten Deen <md...@xs4all.nl>
> wrote:
>> Why is that 2/3 majority not sought for the current license move?
> 
> Current respondents are far above 2/3 accepting the new license and
> contributor terms.
> 
It is kind of ironic that people who use the "accept the CT question" to
"vote on the transition to ODBL" get told that this is not a vote if they
think ODBL is the correct licence for OSM but that they should only indicate
if they will accept that their personal contributions can be used under the
CT or even get told that they are "poisonous people" for "withdrawing their
old data" rather than just accepting and walking away from OSM if they don't
agree with the licence, to later hear the argument that "X percent were in
favor of the new license so there you have your majority vote".

These two questions are very different!
1) "Can and do you agree to relicence your personal contributions under the
new CT, irrespective of what your own opinion is of what the best license is
for OpenStreetMap"
2) "Do you think moving from CC-BY-SA to ODBL  is in the best interest of
OpenStreetMap as a whole, independent of if you can accept the CT for your
personal contributions so far"


These questions could and should have been kept separate and there is no
technical reasons, why the 2/3 vote can not be applied to the current
transition from CC-BY-SA to ODBL after people have agreed to the CT.

But I am repeating my self...

Kai


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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Mike Dupont
On Tue, Jun 7, 2011 at 2:37 AM, Kai Krueger  wrote:
> It is kind of ironic that people who use the "accept the CT question" to
> "vote on the transition to ODBL" get told that this is not a vote if they
> think ODBL is the correct licence for OSM but that they should only indicate
> if they will accept that their personal contributions can be used under the
> CT or even get told that they are "poisonous people" for "withdrawing their
> old data" rather than just accepting and walking away from OSM if they don't
> agree with the licence, to later hear the argument that "X percent were in
> favor of the new license so there you have your majority vote".


I feel that the problem here is that the board has serious time
pressure or lack of patience, they just dont *want* to take the time
discuss this with me or you, We are just problems for them, obstacles
to overcome, enemies of progress. Or worse, we are the foot people who
are not elected and should just shut up and accept the decisions made
for us.

Or the feeling that I get, we (or is it just me?) are just idiots
whose opinions, concerns and issues do not matter.
I don't see why it is a problem to discuss this for years if we need
to to get all the points right, what is the hurry here? We are all
interested in making OSM better, I think we can agree on that.

I would like to have an intelligent discussion and be convinced that
the board is doing the right thing, I would like to understand all the
issues and see why these steps are being taken. Being told I am an
idiot and there are these vague problems does not help, we need to
have a detail FAQ that addresses each issue point by point. We need to
summarize the countless emails and crystallize them into something
usable.

mike

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-12 Thread Heiko Jacobs

Am 05.06.2011 02:09, schrieb Frederik Ramm:

 ... because that's when they intend to systematically delete

> and re-map everything that has not yet been relicensed.

There are a lot of open questions that have to be solved BEFORE
any official licence change or "private" cleaning up the data ...

- version history is incomplete: ways, which were splitted or joined,
  have lost parts of version history including mappers, that don't acceppted

- what's about deleted objects?
  If a mapper, who don't accepted, for example has deleted a POI
  and mapped a building with similar tags, the building has to be
  deleted, but also the POI has to be restored?!
  So changesets may have to be verified for such things ...

- Might be that it is not necessary to delete trivial edits
  (Might be "trivial" depends on the country of the edit ...)

- ... and surely a mapper may decide to accept lately ...

- ...

So a "private clean-up" befor this questions are solved might
- delete objects where it is not necessary (trivial, change decision)
- not delete objects where it is necessary (splitted/joined ways
  which where partially mapped of non accepting mappers)
- violate copyright, if he "copy" the old object
- ...

Heiko


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